On a report from opposite party Tausik Hasan, a case was registered against the petitioner under Section 406 of the Indian Penal Code in respect of a Truck No. UPH 7139. During investigation, the police seized the truck from the possession of the petitioner on 10-8-1970.

2. On 12-8-1970, the petitioner applied to the Judicial Officer, Mohammadabad for the release of the truck during the pendency of the investigation on furnishing the required security. Opposite party Tausik Hasan also claimed the release of the truck in his favor. The Munsif-Magistrate, Azamgarh passed an order dated 9-9-1970 releasing the truck in favor of the opposite party on his furnishing a personal bond of Rs. 20,000/- and two sureties of the like amount within a period of 15 days. Petitioner then came up in revision before the learned Sessions Judge but it was dismissed and the order of the Munsif-Magistrate was upheld.

3. The learned counsel for the petitioner has argued that as the truck had been seized from his possession, he was the person entitled to the possession thereof within the meaning of the section 523 of the Code of Criminal Procedure. On the other hand, it has been contended on behalf of